HB 0881CS

CHAMBER ACTION




1The Health Care Appropriations Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to community behavioral health agencies;
8creating s. 624.4624, F.S.; authorizing certain nonprofit
9community mental health or substance abuse providers to
10form a self-insurance fund for certain purposes; providing
11operating requirements of the self-insurance fund;
12providing certain application exceptions for such fund;
13requiring certain funds to initially be organized and
14operate as a commercial self-insurance fund for a time
15certain; requiring certain self-insurance funds to comply
16with certain annual financial statement requirements for a
17time certain; proscribing certain self-insurance funds
18from being considered insurers for certain purposes;
19amending s. 768.28, F.S.; providing that certain providers
20or vendors acting contractually on behalf of the
21Department of Children and Family Services, and their
22employees and agents, are agents of the state for purposes
23of waiver of sovereign immunity in tort actions under
24certain circumstances; requiring contracts to provide for
25indemnification of the state by such agents for certain
26liabilities up to certain limits; providing that such
27persons are not employees or agents for purposes of
28workers' compensation; restricting application; requiring
29certain providers designated as agents of the state to
30reimburse the state for certain costs; providing penalties
31for noncompliance; providing for continuing liability for
32certain amounts under certain circumstances; providing an
33effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  Section 624.4624, Florida Statutes, is created
38to read:
39     624.4624  Nonprofit community mental health and substance
40abuse provider self-insurance fund.--
41     (1)  Notwithstanding any other provisions of law, any two
42or more nonprofit community mental health or substance abuse
43providers, which are members in good standing of a nonprofit
44statewide association which has been in existence for at least
4510 years and is comprised of at least 50 community-based mental
46health and substance abuse agencies which are primarily publicly
47funded and located in this state, may form a self-insurance fund
48for the purpose of pooling and spreading liabilities of its
49group members in any property or casualty risk or surety
50insurance or securing the payment of benefits under chapter 440,
51provided the nonprofit community mental health and substance
52abuse provider self-insurance fund created must:
53     (a)  Have annual normal premiums in excess of $5 million.
54     (b)  Maintain a continuing program of excess insurance
55coverage and reserve evaluation to protect the financial
56stability of the fund in an amount and manner determined by a
57qualified and independent actuary.
58     (c)  Submit to the office annually an audited fiscal year-
59end financial statement by an independent certified public
60accountant within 6 months after the end of the fiscal year.
61     (d)  Have a governing body which is comprised entirely of
62community mental health and substance abuse provider officials.
63     (2)  A nonprofit community mental health and substance
64abuse provider self-insurance fund that meets the requirements
65of this section is not subject to s. 624.4621 and is not
66required to file any report with the department under s.
67440.38(2)(b) required of group self-insurer funds qualified
68under s. 624.4621. If any of the requirements of this section
69are not met, the nonprofit mental health and substance abuse
70provider self-insurance fund is subject to the requirements of
71s. 624.4621.
72     (3)(a)  Notwithstanding subsection (2), a nonprofit
73community mental health and substance abuse provider self-
74insurance fund created under this section after October 1, 2005,
75shall initially be subject to the requirements of a commercial
76fund under s. 624.4621 and, for the first 5 years of its
77existence, shall be subject to all the requirements applied to
78commercial self-insurance funds or to group self-insurance
79funds, respectively.
80     (b)1.  A nonprofit community mental health and substance
81abuse provider self-insurance fund formed after January 1, 2006,
82shall, for its first 5 fiscal years, file with the office full
83and true statements of its financial condition, transactions,
84and affairs. An annual statement covering the preceding fiscal
85year shall be filed within 60 days after the end of the fund's
86fiscal year and quarterly statements shall be filed within 45
87days after each such date. The office may, for good cause, grant
88an extension of time for filing an annual or quarterly
89statement. The statements shall contain information generally
90included in insurers' financial statements prepared in
91accordance with generally accepted insurance accounting
92principles and practices and in a form generally used by
93insurers for financial statements, sworn to by at least two
94executive officers of the self-insurance fund. The form for
95financial statements shall be the form currently approved by the
96National Association of Insurance Commissioners for use by
97property and casualty insurers.
98     2.  Each annual statement shall contain a statement of
99opinion on loss and loss adjustment expense reserves made by a
100member of the American Academy of Actuaries. Workpapers in
101support of the statement of opinion must be provided to the
102office upon request.
103     Section 2.  No self-insurance fund created under this act
104shall be deemed to be or considered to be an insurer for any
105purpose under chapter 631, Florida Statutes.
106     Section 3.  Subsection (21) is added to section 768.28,
107Florida Statutes, to read:
108     768.28  Waiver of sovereign immunity in tort actions;
109recovery limits; limitation on attorney fees; statute of
110limitations; exclusions; indemnification; risk management
111programs.--
112     (21)(a)  Solely with respect to services to individuals in
113need of detoxification and services through an addictions
114receiving facility under chapter 397 or mental health services
115under chapter 394, providers or vendors, or any of their
116employees or agents, that have contractually agreed to act on
117behalf of the state as agents of the Department of Children and
118Family Services to provide such services are agents of the state
119for purposes of this section while acting within the scope of
120and pursuant to guidelines established in the contract or by
121rule. A contract must provide for the indemnification of the
122state by the agent for any liabilities incurred up to the limits
123set out in this chapter.
124     (b)  This subsection does not designate a person who
125provides contracted services to the Department of Children and
126Family Services as an employee or agent of the state for
127purposes of chapter 440.
128     (c)  This subsection does not provide any immunity to, or
129limitation on liability for, any person or entity which provides
130services to an individual who is paying or being reimbursed for
131that service in any amount or who is insured for that service.
132     (d)  Any person or entity designated as an agent of the
133state pursuant to this subsection shall reimburse the state for
134the actual costs of defending any claim and for any amounts paid
135by the state in payment of a settlement or judgment arising out
136of the claim up to the limits of liability set forth in this
137section. Any person or entity who fails to reimburse the state
138as required shall be subject to license revocation and shall be
139responsible for all subsequent payments by the state in
140resolving the underlying cause of action, including any amounts
141paid pursuant to a claims bill, and for all costs and attorney
142fees incurred by the state in recovering the original
143reimbursement amount due and the subsequent payments owed.
144     Section 4.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.